Comments for brands in nonfiction

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Mentioning Brands
by: Dunn

So, Glen, let's say that I am writing a novel and the POV character is drinking Mountain Dew? Or if two characters are discussing how someone got a big settlement after burning their mouth on McDonalds coffee? Or a character criticizes the president...or say Fox News is too liberal? LOL ...is it different just because it is fiction?


What's interesting is that a corporation like Mountain Dew could sue a writer for mentioning its brand. And even if the courts side with the writer, it might still cost the writer a lot of money in legal expenses. And corporations know that. So we really have to be careful, even as we tell the truth and inform the public.
To Dunn
by: Glen

I don't believe a company could sue a writer for mentioning its brand, only for defaming it through lies or unfair comments, as in your example of McDonald's coffee. To imply that McDonald's products are generally unsafe without evidence to support that claim would be a problem. On the other hand, to say that one person accidentally scalded his hand on a cup of coffee one time would not. (Again, I am not a lawyer, and this is just my understanding based on what I have read, not a legal opinion.)

Criticizing a politician is allowed, as evidenced by the hundreds of political blogs and columns written every day. Similarly, if criticizing Fox News was illegal, many comedians would be in jail. Free speech of this nature is an essential feature of democracy, allowing for political debate and the exchange of views. It is constitutionally protected.

You can also mention documented historical facts. For instance, you can say that Nixon bore responsibility for Watergate or that Adolf Hitler was a racist, because the evidence exists to support these claims.

What is isn't allowed is slander, such as making the false claim that a politician committed a sex crime in order to damage his chances of reelection.

If you want to write about a corrupt politician or company in a novel, it's best to create fictional entities, unless you have documented evidence to back up your claims. But many novels mention brand name products to create historical authenticity.

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